Hiring a Bankruptcy Lawyer in North Carolina
How bankruptcy lawyers are paid, the North Carolina means test and exemptions, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in North Carolina: fee rules
| Rules on contingency fees | Under North Carolina Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars contingent fees for defending a criminal case (except in criminal or civil asset forfeiture proceedings if not otherwise prohibited by law) and in civil cases where such a fee is prohibited by law. Rule 1.5(f) requires lawyers to tell clients about the State Bar's fee dispute program at least 30 days before suing to collect a disputed fee and to participate in good faith if the client makes a proper request. |
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| If you disagree with a lawyer's bill | The North Carolina State Bar's Fee Dispute Resolution Program (run by its Attorney-Client Assistance Department) is a free facilitation process for clients who dispute a lawyer's fee. Submit the petition (English or Spanish, downloadable or by calling (919) 828-4620) with supporting materials within three years of the last time the lawyer represented you; the State Bar sends it to the lawyer, who responds. Staff decide whether a dispute is suitable; the program cannot take a request once the lawyer has sued to collect the fee and cannot forgive or waive fees. Under Rule 1.5(f), lawyers must participate in good faith when a client makes a proper request. |
| If a lawyer takes your money | The North Carolina State Bar's Client Security Fund may reimburse, in whole or in part and at the board's sole discretion, financial losses caused by a lawyer's dishonest conduct (embezzlement or wrongful taking of money or property entrusted to the lawyer in an attorney-client or customary fiduciary relationship, such as estate executor). You must first try other ways to recover, including at minimum filing a fee dispute petition; filing a grievance is recommended. The application must be notarized and include a signed Subrogation Agreement and copies of proof of payment. Contact CSF@ncbar.gov or (919) 828-4620. |
North Carolina rules to know first
| Standard Chapter 13 lawyer fee | Eastern District of North Carolina: the court's announcement of its Administrative Order on Compensation of Professionals (posted December 4, 2015) states that amendments to Local Rule 2016-1 and the Administrative Guide to Practice and Procedure include "an increase in the chapter 13 standard base fee from $3,700 to $5,000." A separate General Order (entered January 2, 2024) sets presumptive chapter 13 non-base fees effective January 1, 2024 of $600.00 each for listed debtor motions (e.g., turnover, lien avoidance (one per case), sale of property, defense of stay relief motions, hardship discharge, valuing collateral and avoiding a mortgage). Middle District of North Carolina: Standing Order 23-02 sets the presumptive base fee for chapter 13 cases filed on or after July 7, 2023 at $5,200 for below-median income debtors ($5,700 if the responsible attorney(s) attended at least 7 hours of bankruptcy-related CLE in the 12 months before the petition) and $5,500 for above-median income debtors ($6,000 with the same CLE), covering the usual and ordinary services from preparing the petition through closure of the case; if the total to be paid into the plan is less than $7,000, the presumptive fee is capped at $2,500. Listed non-base services carry separate presumptive fees (e.g., $500 for a motion to modify a chapter 13 plan). Western District of North Carolina: the court's notice of local rule changes effective May 1, 2026 (Administrative Order 1110) states that "The presumptive base fee for Chapter 13 debtor's attorneys will increase from $5,000 to $7,000." Western District notice: https://www.ncwb.uscourts.gov/news/may-1-2026-changes-local-rules-chapter-13-cases ; Eastern District base fee notice: https://www.nceb.uscourts.gov/news/administrative-order-compensation-professionals ; Eastern District non-base fees order: https://www.nceb.uscourts.gov/sites/nceb/files/Presumptive%20Non-Base%20Fees%201-1-2024.pdf |
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| Means test median income | Median family income for North Carolina: 1 person $67,117; 2 people $84,384; 3 people $101,535; 4 people $116,737; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026. Used in the Chapter 7 means test (Official Forms 122A-1 and 122C-1). The table's first column is labeled "1 EARNER." The same figures were posted for cases filed April 1 through July 14, 2026. The U.S. Trustee Program updates the table periodically. |
| Homestead exemption | Up to $35,000 in value in real or personal property that the filer or a dependent uses as a residence (including an interest in a housing cooperative), or in a burial plot. An unmarried filer age 65 or older may protect up to $60,000 if the property was previously owned with a now-deceased co-owner as tenants by the entireties or joint tenants with right of survivorship. There is no acreage limit; the limit is by dollar value. "Value" means fair market value less valid liens superior to the judgment lien (§ 1C-1601(b)(2)). The statute does not set an acreage limit. Source: N.C. Gen. Stat. § 1C-1601(a)(1) |
| State or federal exemptions | North Carolina has opted out of the federal bankruptcy exemptions. The federal exemption list in 11 U.S.C. 522(d) does not apply to North Carolina residents; they use the exemptions in North Carolina law instead. Within state law, a filer may choose the much smaller exemptions in Article X of the North Carolina Constitution ($1,000 in a home and $500 in personal property) instead of the G.S. 1C-1601 list. Alternative constitutional exemptions: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1C/GS_1C-1602.html |
Find and check a lawyer
| Lawyer referral service | The North Carolina Bar Association's Lawyer Referral Service (LRS) refers members of the public to attorneys through its call center (919-677-8574) or an online self-referral. Using the LRS costs $50 for an initial 30-minute consultation with the attorney; fees for longer consultations and ongoing representation are set by each lawyer. The LRS does not make pro bono referrals, but people with limited income may qualify for NC Free Legal Answers. Call center number from NCBA LRS page: https://www.ncbar.org/members/benefits/lawyer-referral-service/ |
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| Check that the lawyer is licensed | The North Carolina State Bar's online Membership Directory lists the name and contact information of State Bar members and shows whether a lawyer is active and eligible to practice in North Carolina (statuses include Active, Inactive, Suspended, Disbarred and Revoked). Search by name or by city or state; listings show member type and State Bar ID and link to any final disciplinary decision or order. |
| Check discipline history or file a complaint | The North Carolina State Bar takes complaints (grievances) about lawyers through its online complaint portal or the PDF attorney complaint form (English or Spanish), or you can email complaints@ncbar.gov to request a form. Identify the lawyer, describe specifically what the lawyer did wrong, include copies of supporting documents and any witnesses, and give your contact information. Complaints against law firms are not accepted, and a complaint cannot be withdrawn once submitted. You are notified in writing when the matter is resolved; status questions go to grievancestatus@ncbar.gov. Past orders of discipline can be searched on the State Bar's website, and directory listings link to final disciplinary orders. Past orders of discipline: https://www.ncbar.gov/lawyer-discipline/past-orders-of-discipline/orders-of-discipline/ |
Free legal help
| Free legal aid | Legal Aid of North Carolina is a statewide nonprofit law firm that provides free civil legal assistance to people with low incomes; apply online through its website. The Legal Services Corporation (LSC) lists Legal Aid of North Carolina as the LSC-funded grantee in the state. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in North Carolina · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.